Minutes of the Board of Regents of Stephen F. Austin State University. 2005, Volume No. 207

Stephen F. Austin
State University
Minutes of the
Board of Regents
Nacogdoches, Texas
March 8,2005
Volume 207
Stephen F. Austin State University
Board of Regents
Phone Meeting
Austin 305
March 8, 2005
10:00 A.M.
05-22 UNIVERSITY RESIDENCE HALL 3
05-23 RESOLUTION AUTHORIZING A REQUEST FOR FUNDING - STUDENT
RESIDENCE HALL 3
05-24 RESOLUTION DECLARING EXPECTATION TO REIMBURSE
EXPENDITURES WITH PROCEEDS OF FUTURE DEBT 3
05-25 ELECTRIC UTILITY CONTRACT 3
05-26 BASEBALL PROGRAM EXPENDITURES 4
Appendix Section
Resolution Authorizing A Request For Financing 1
Resolution Declaring Expectation To Reimburse Expenditures With Proceeds of
Future Debt 1
Minutes of the Phone Meeting of the
Board of Regents of Stephen F. Austin State University
Nacogdoches, TX
March 8,2005
The Meeting of the Board of Regents was called to order at 10:00 a.m., Tuesday March 8,
2005 by Chairman Fred Wulf.
PRESENT (in Nacogdoches):
Board Members: Mike Wilhite
Fred Wulf
Vice-President: Roland Smith
General Counsel: Yvette Clark
SFA administrators, staff, and visitors
PRESENT (on the phone):
Board Members: Margarita de la Garza Grahm
Valerie Ertz
Joe Max Green
Gary Lopez
Lyn Stevens
President: Dr. Tito Guerrero
ABSENT:
Board Members: Kenneth James
Paul Pond
Vice Presidents: Mary Cullinan
Jerry Holbert
Baker Pattillo
UNIVERSITY RESIDENCE HALL - Phase I Project (Units)
05-22
Upon motion of Regent Wilhite seconded by Regent Ertz5 with all members voting aye, it
was ordered that:
The university be authorized to proceed with the project including seeking
Coordinating Board approval, sale of bonds, and construction of the facilities.
The President is authorized to sign the required requests, documents and
contracts. Source of funds will be Auxiliary Revenue Bonds.
RESOLUTION AUTHORIZING A REQUEST FOR FUNDING - STUDENT
RESIDENCE HALL (Phase I Project - Units)
05-23
Upon motion of Regent Green seconded by Regent Stevens, with all members voting aye,
it was ordered that:
The Board of Regents authorize the University to seek Coordinating Board
approval for the project to construct the student residence hall and associated
parking garage. The administration further recommends the Board of Regents
approve the Resolution Authorizing a Request for Financing (Appendix No. 1) to
permit the University to begin work with the Texas Public Finance Authority for
purposes of issuing bonds to fund the project.
RESOLUTION DECLARING EXPECTATION TO REIMBURSE
EXPENDITURES WITH PROCEEDS OF FUTURE DEBT (Phase I Project -
Residence Hall to replace Units)
05-24
Upon motion of Regent Green seconded by Regent de la Garza-Grahm, with all members
voting aye, it was ordered that:
The Board of Regents adopt the Resolution Declaring Expectation to Reimburse
Expenditures with Proceeds of Future Debt shown in Appendix No. 2.
ELECTRIC UTILITY CONTRACT
05-25
Upon motion of Regent Wilhite seconded by Regent Ertz, with all members voting aye, it
was ordered that:
The Board of Regents authorize the University to explore the option of combining
with appropriate area utility consumers for lower-cost electricity through services
of a utility aggregator. The administration also recommends the President be
authorized to sign any related contracts.
BASEBALL PROGRAM EXPENDITURES
05-26
Upon motion of Regent Lopez seconded by Regent Green, with all members voting aye,
it was ordered that:
The university be authorized to begin renovation of the field immediately to allow
time for the grass to mature by fall 2005. Funds are available from current
budgeted athletic sources. The president is authorized to sign all necessary
purchase orders and contracts for the renovation not to exceed $85,000.
The meeting was adjourned at 10:15 a.m. by chairman, Fred Wulf.
Appendix No. 1
Board of Regents
Stephen F. Austin State University
Nacogdoches, Texas
RESOLUTION AUTHORIZING A REQUEST FOR FINANCING
Stephen F. Austin State University
Student Residence Hall and Parking Facility
WHEREAS, the Texas Public Finance Authority (the "Authority") has the exclusive
authority to act on behalf of Stephen F. Austin State University (the "University") in the
issuance of bonds pursuant to Tex. Rev. Civ. Stat., art. 60 Id as amended; and
WHEREAS, the University has been authorized to acquire, purchase, construct,
improve, renovate, enlarge, or equip property, buildings, structures, facilities, roads or
related infrastructure to be financed by the issuance of bonds or other authorized
financing mechanism pursuant to Texas Education Code 55.17 in the aggregate principal
amount not to exceed $17, 500,000; and
WHEREAS, the Board of Regents of Stephen F. Austin State University (the "Board of
Regents") now desires to approve and authorize financing to enable the University to
acquire, purchase, construct, improve, renovate, enlarge, or equip property, buildings,
structures, facilities, roads or related infrastructures, and authorizes the President of the
University (the "President") or designees to submit requests for financing to the
Authority from time to time to issue bonds or other authorized financing mechanism in an
aggregate amount not to exceed $17,5000,000 to enable the University to acquire,
purchase, construct, improve, renovate, enlarge, or equip property, buildings, structures,
facilities, roads or related infrastructures and to take other actions related thereto.
THEREFORE, BE IT RESOLVED BY THE BOARD OF REGENTS OF
STEPHEN F. AUSTIN STATE UNIVERSITY THAT:
1) The University is duly authorized by law pursuant to Texas Education Code, Section
57.17 to acquire, purchase, construct, improve, renovate, enlarge, or equip property,
buildings, structures, facilities, roads or related infrastructures to be financed by the
issuance of bonds or other authorized financing mechanism in accordance with Texas
Education Code, Chapter 55, Subsection B in the aggregate amount not to exceed
$17,500,000;
2) Dr. Tito Guerrero, President, or his designee is hereby authorized and directed to
submit requests from time to time to the Authority to issue bonds or other authorized
financing mechanism in an aggregate amount not to exceed $17,500,000 in order that
the University may acquire, purchase, construct, improve, renovate, enlarge, or equip
property, buildings, structures, facilities, roads or related infrastructures as these
projects are specifically approved by the Board of Regents and further approved by
the Texas Higher Education Coordinating Board as may be required;
3) The President is hereby further authorized to approve, execute, and deliver or cause to
be delivered those documents and such other instruments including but not limited to
the financing documents required by the Authority's rules, and to take such other
actions as are necessary and appropriate in connection with the issuance, sale, or
delivery of the bonds or other authorized financing mechanism;
4) due notice of the meeting and the subject matter of this Resolution was given as
required by law; and that a quorum of the Board of Regents was present at the
meeting at which this resolution was considered.
Adopted/Rejected by a vote of 7 yeas, 0 nays effective as of
March 8,2005.
:
Fred Wulf, Chairman //
Board of Regents
Stephen F. Austin State University
bnts
istin State University
Appendix No.2
Board of Regents
Stephen F. Austin State University
Nacogdoches, Texas
RESOLUTION DECLARING EXPECTATION TO REIMBURSE
EXPENDITURES WITH PROCEEDS OF FUTURE DEBT
WHEREAS, Stephen F. Austin State University (the "University") intends to make a capital
expenditure not to exceed $17,500,000 to construct, equip and furnish a residence hall and associated
parking facilities on its campus in Nacogdoches, Texas (the "Project"), which is to be funded with
proceeds of bonds to be issued by the Texas Public Finance Authority (the "Authority") as authorized
by House Bill 1077, Acts of the 75th Legislature, Regular Session (1997); and
WHEREAS, the University intends to expend an amount not to exceed $17,500,000 (the
"Expenditure") for Project costs and intends Project expenditures occurring following the date of this
Resolution to be reimbursed from proceeds of bonds to be issued by the Authority for the Project; and
WHEREAS, under Treas. Reg. Section 1.103-19 (the "Regulation"), to fund such
reimbursement with proceeds of tax-exempt obligations, the University must declare its expectation of
such reimbursement before making the Expenditure; and
WHEREAS, the University and the Authority desire to preserve the ability to reimburse the
Expenditure with proceeds of tax-exempt obligations;
NOW, THEREFORE, THE UNIVERSITY HEREBY RESOLVES that it reasonably
expects to reimburse Project expenditures occurring after the date of this resolution with the proceeds
of the bonds to be issued hereafter by the Authority, and this Resolution shall constitute a declaration
of official intent under the Regulation.
BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the minutes of
the November 19, 2004 meeting of the Board of Regents of Stephen F. Austin State University.
This Resolution will be available for public inspection at the office of the Authority at 300
West 15th Street, Suite 411, Austin, Texas, and at the office of the University at 1936 North Street,
Austin Building, Office 315, Nacogdoches, Texas.
Adopted/Rejected by a vote of 7 yeas, 0 nays, effective as of March 7,2005.
Fred Wulf, Chairman
Board of Regents
Stephen F. Austin State University
secretary
gents
Lustin State University

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Stephen F. Austin
State University
Minutes of the
Board of Regents
Nacogdoches, Texas
March 8,2005
Volume 207
Stephen F. Austin State University
Board of Regents
Phone Meeting
Austin 305
March 8, 2005
10:00 A.M.
05-22 UNIVERSITY RESIDENCE HALL 3
05-23 RESOLUTION AUTHORIZING A REQUEST FOR FUNDING - STUDENT
RESIDENCE HALL 3
05-24 RESOLUTION DECLARING EXPECTATION TO REIMBURSE
EXPENDITURES WITH PROCEEDS OF FUTURE DEBT 3
05-25 ELECTRIC UTILITY CONTRACT 3
05-26 BASEBALL PROGRAM EXPENDITURES 4
Appendix Section
Resolution Authorizing A Request For Financing 1
Resolution Declaring Expectation To Reimburse Expenditures With Proceeds of
Future Debt 1
Minutes of the Phone Meeting of the
Board of Regents of Stephen F. Austin State University
Nacogdoches, TX
March 8,2005
The Meeting of the Board of Regents was called to order at 10:00 a.m., Tuesday March 8,
2005 by Chairman Fred Wulf.
PRESENT (in Nacogdoches):
Board Members: Mike Wilhite
Fred Wulf
Vice-President: Roland Smith
General Counsel: Yvette Clark
SFA administrators, staff, and visitors
PRESENT (on the phone):
Board Members: Margarita de la Garza Grahm
Valerie Ertz
Joe Max Green
Gary Lopez
Lyn Stevens
President: Dr. Tito Guerrero
ABSENT:
Board Members: Kenneth James
Paul Pond
Vice Presidents: Mary Cullinan
Jerry Holbert
Baker Pattillo
UNIVERSITY RESIDENCE HALL - Phase I Project (Units)
05-22
Upon motion of Regent Wilhite seconded by Regent Ertz5 with all members voting aye, it
was ordered that:
The university be authorized to proceed with the project including seeking
Coordinating Board approval, sale of bonds, and construction of the facilities.
The President is authorized to sign the required requests, documents and
contracts. Source of funds will be Auxiliary Revenue Bonds.
RESOLUTION AUTHORIZING A REQUEST FOR FUNDING - STUDENT
RESIDENCE HALL (Phase I Project - Units)
05-23
Upon motion of Regent Green seconded by Regent Stevens, with all members voting aye,
it was ordered that:
The Board of Regents authorize the University to seek Coordinating Board
approval for the project to construct the student residence hall and associated
parking garage. The administration further recommends the Board of Regents
approve the Resolution Authorizing a Request for Financing (Appendix No. 1) to
permit the University to begin work with the Texas Public Finance Authority for
purposes of issuing bonds to fund the project.
RESOLUTION DECLARING EXPECTATION TO REIMBURSE
EXPENDITURES WITH PROCEEDS OF FUTURE DEBT (Phase I Project -
Residence Hall to replace Units)
05-24
Upon motion of Regent Green seconded by Regent de la Garza-Grahm, with all members
voting aye, it was ordered that:
The Board of Regents adopt the Resolution Declaring Expectation to Reimburse
Expenditures with Proceeds of Future Debt shown in Appendix No. 2.
ELECTRIC UTILITY CONTRACT
05-25
Upon motion of Regent Wilhite seconded by Regent Ertz, with all members voting aye, it
was ordered that:
The Board of Regents authorize the University to explore the option of combining
with appropriate area utility consumers for lower-cost electricity through services
of a utility aggregator. The administration also recommends the President be
authorized to sign any related contracts.
BASEBALL PROGRAM EXPENDITURES
05-26
Upon motion of Regent Lopez seconded by Regent Green, with all members voting aye,
it was ordered that:
The university be authorized to begin renovation of the field immediately to allow
time for the grass to mature by fall 2005. Funds are available from current
budgeted athletic sources. The president is authorized to sign all necessary
purchase orders and contracts for the renovation not to exceed $85,000.
The meeting was adjourned at 10:15 a.m. by chairman, Fred Wulf.
Appendix No. 1
Board of Regents
Stephen F. Austin State University
Nacogdoches, Texas
RESOLUTION AUTHORIZING A REQUEST FOR FINANCING
Stephen F. Austin State University
Student Residence Hall and Parking Facility
WHEREAS, the Texas Public Finance Authority (the "Authority") has the exclusive
authority to act on behalf of Stephen F. Austin State University (the "University") in the
issuance of bonds pursuant to Tex. Rev. Civ. Stat., art. 60 Id as amended; and
WHEREAS, the University has been authorized to acquire, purchase, construct,
improve, renovate, enlarge, or equip property, buildings, structures, facilities, roads or
related infrastructure to be financed by the issuance of bonds or other authorized
financing mechanism pursuant to Texas Education Code 55.17 in the aggregate principal
amount not to exceed $17, 500,000; and
WHEREAS, the Board of Regents of Stephen F. Austin State University (the "Board of
Regents") now desires to approve and authorize financing to enable the University to
acquire, purchase, construct, improve, renovate, enlarge, or equip property, buildings,
structures, facilities, roads or related infrastructures, and authorizes the President of the
University (the "President") or designees to submit requests for financing to the
Authority from time to time to issue bonds or other authorized financing mechanism in an
aggregate amount not to exceed $17,5000,000 to enable the University to acquire,
purchase, construct, improve, renovate, enlarge, or equip property, buildings, structures,
facilities, roads or related infrastructures and to take other actions related thereto.
THEREFORE, BE IT RESOLVED BY THE BOARD OF REGENTS OF
STEPHEN F. AUSTIN STATE UNIVERSITY THAT:
1) The University is duly authorized by law pursuant to Texas Education Code, Section
57.17 to acquire, purchase, construct, improve, renovate, enlarge, or equip property,
buildings, structures, facilities, roads or related infrastructures to be financed by the
issuance of bonds or other authorized financing mechanism in accordance with Texas
Education Code, Chapter 55, Subsection B in the aggregate amount not to exceed
$17,500,000;
2) Dr. Tito Guerrero, President, or his designee is hereby authorized and directed to
submit requests from time to time to the Authority to issue bonds or other authorized
financing mechanism in an aggregate amount not to exceed $17,500,000 in order that
the University may acquire, purchase, construct, improve, renovate, enlarge, or equip
property, buildings, structures, facilities, roads or related infrastructures as these
projects are specifically approved by the Board of Regents and further approved by
the Texas Higher Education Coordinating Board as may be required;
3) The President is hereby further authorized to approve, execute, and deliver or cause to
be delivered those documents and such other instruments including but not limited to
the financing documents required by the Authority's rules, and to take such other
actions as are necessary and appropriate in connection with the issuance, sale, or
delivery of the bonds or other authorized financing mechanism;
4) due notice of the meeting and the subject matter of this Resolution was given as
required by law; and that a quorum of the Board of Regents was present at the
meeting at which this resolution was considered.
Adopted/Rejected by a vote of 7 yeas, 0 nays effective as of
March 8,2005.
:
Fred Wulf, Chairman //
Board of Regents
Stephen F. Austin State University
bnts
istin State University
Appendix No.2
Board of Regents
Stephen F. Austin State University
Nacogdoches, Texas
RESOLUTION DECLARING EXPECTATION TO REIMBURSE
EXPENDITURES WITH PROCEEDS OF FUTURE DEBT
WHEREAS, Stephen F. Austin State University (the "University") intends to make a capital
expenditure not to exceed $17,500,000 to construct, equip and furnish a residence hall and associated
parking facilities on its campus in Nacogdoches, Texas (the "Project"), which is to be funded with
proceeds of bonds to be issued by the Texas Public Finance Authority (the "Authority") as authorized
by House Bill 1077, Acts of the 75th Legislature, Regular Session (1997); and
WHEREAS, the University intends to expend an amount not to exceed $17,500,000 (the
"Expenditure") for Project costs and intends Project expenditures occurring following the date of this
Resolution to be reimbursed from proceeds of bonds to be issued by the Authority for the Project; and
WHEREAS, under Treas. Reg. Section 1.103-19 (the "Regulation"), to fund such
reimbursement with proceeds of tax-exempt obligations, the University must declare its expectation of
such reimbursement before making the Expenditure; and
WHEREAS, the University and the Authority desire to preserve the ability to reimburse the
Expenditure with proceeds of tax-exempt obligations;
NOW, THEREFORE, THE UNIVERSITY HEREBY RESOLVES that it reasonably
expects to reimburse Project expenditures occurring after the date of this resolution with the proceeds
of the bonds to be issued hereafter by the Authority, and this Resolution shall constitute a declaration
of official intent under the Regulation.
BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the minutes of
the November 19, 2004 meeting of the Board of Regents of Stephen F. Austin State University.
This Resolution will be available for public inspection at the office of the Authority at 300
West 15th Street, Suite 411, Austin, Texas, and at the office of the University at 1936 North Street,
Austin Building, Office 315, Nacogdoches, Texas.
Adopted/Rejected by a vote of 7 yeas, 0 nays, effective as of March 7,2005.
Fred Wulf, Chairman
Board of Regents
Stephen F. Austin State University
secretary
gents
Lustin State University